AS NEW pool fencing laws come into place on Friday, fresh data reveals more than half of 0- to 5-year-old backyard drowning deaths happen because of either a faulty gate or a gate propped open.
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The data from the Royal Life Saving Society also found 95 per cent of all pools fail their council safety inspection the first time.
The new laws, starting April 29, require a valid certificate of compliance or non-compliance be attached to the sale or rental contract of any property with a swimming pool or spa – if the pool is non-compliant, the new owner will have 90 days to bring it up to safety standards.
A survey by the Royal Life Saving Society found about 75 per cent of homes with pools did not appear to be market-ready under the new legislation.
Property experts have predicted a massive logjam of pool inspections for sellers.
Julian Peters, special counsel at Aitken Lawyers, said he had drawn up a contract for one client selling after April 29 with a clause saying that a non-compliance certificate was attached but that a compliance certificate would be obtained before completion.
“I think there will be a big logjam of people scrambling to get compliance certificates,” he said.
“Some people have been assuming they can sell their property before the 29th and won’t have to worry about the pool, and these contracts are now stuck and they are going to have to rethink their position.”
Real Estate Institute of NSW president John Cunningham said some agents would keep up with the legislative changes and others would likely “wing it”.
“Properties going to auction on April 30 will only be able to get the certificate [of non-compliance] issued on Friday April 29, otherwise they can’t go to auction on the Saturday,” he said.
“On that day there might be 500 auctions with perhaps 50 of those properties with swimming pools. Are they going to get those certificates issued on that Friday? It’s going to have to be a bit of a Houdini act. I think a lot of agents are going to be unaware of that factor.”
In the past 13 years, 83 children under five years of age have drowned in backyard pools in NSW and a further 80 children have suffered neurological damage as a result of being immersed in a pool.
Local Government Minister Paul Toole said the NSW government was committed to creating an effective pool barrier framework that protects the safety of children around backyard swimming pools.
“While nothing can substitute for responsible adult supervision around a swimming pool, a compliant barrier helps minimise the risk of drowning or near drowning,” he said.
“These new regulations will highlight safety requirements and responsibilities when buyers take possession of a property with a pool.”
